Final Order of Forfeiture as to 3400 Monserat Drive — United States v. Whitaker and Coleman (Document 113)

Summary

This Final Order of Forfeiture as to Real Property, in the Eastern District of North Carolina, concerns defendants Edward Sheldon Whitaker and Schunda Coleman and real property in Edinburg, Texas. It recites that the Court entered Preliminary Orders of Forfeiture on December 3, 2025, that notice was published on an official government internet website, and that CrossCountry Mortgage, LLC filed a petition of interest. The Court orders that the part of the Preliminary Orders forfeiting the property is final, directs the United States to dispose of the property according to law, and extinguishes potential claims and liens not specifically recognized. It defines Net Proceeds of the sale and sets an order of priority for payments.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Final Order of Forfeiture as to 3400 Monserat Drive — United States v. Whitaker and Coleman (Document 113).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-5-22-cr-00257-dkt-113-e-d-n-c-db016405df/, SHA-256 26710525b68f76aa898bb4554d24a66edce0800ca9c861b88692162dc8f3ceb1.

Full text

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION

NO. 5:22-CR-00257-lD
NO. 5:22-CR-00257-2D

UNITED STATES OF AMERICA

EDWARD SHELDON WHITAKER
SCHUNDA COLEMAN

FINAL ORDER OF FORFEITURE AS TO REAL PROPERTY KNOWN AS
3400 MONSERAT DRIVE

WHEREAS, on December 3, 2025, this Court entered Preliminary Orders of

Forfeiture [DEs 88 89] based upon the evidence and legal authorities presented by

the government and set forth therein, finding that the defendants (or any

combination of defendants convicted in the case) had an interest in the below-listed

real property that is subject to forfeiture to the United States pursuant to the

provisions of 18 U.S.C. § 982(a)(l), subject to notification and adjudication of any

third-party interests pursuant to 21 U.S.C. § 853(n), to wit:

Real Property:

a) Real property having the physical address of 3400 Monserat Drive

Edinburg, TX 78539-34 72, including any and all appurtenances and

improvements thereto, being titled to SCHUNDA COLEMAN and

Case 5:22-cr-00257-D Document 113 Filed 08/05/26 Page 1 of 7
legally described in Official Document No. 2929047, recorded on July 2,

2018 with the County Clerk of Hidalgo County, Texas, being more

particularly described as follows:

Lot 8, Spanish Oaks Subdivision an addition to the City of
Edinburg, Hidalgo County, Texas, as per Map or Plat
thereof recorded in Volume 43, Page 38, Map Records,
Hidalgo County, Texas.

APN: S5304-00-000-0008-00

(Asset ID No. 23-IRS-000018)

(hereinafter, the "Subject Real Property");

AND WHEREAS, in accordance with Fed. R. Crim. P. 32.2(b)(4)(A), the

Preliminary Orders of Forfeiture became final as to the defendants at sentencing; the

defendants were sentenced and judgment was entered on December 4, 2025 [DEs 95,

97) ; and the judgment incorporated the Preliminary Orders of Forfeiture by

reference;

AND WHEREAS, the Preliminary Orders of Forfeiture were posted on the

Subject Real Property by an agent of the United States Department of Treasury,

Internal Revenue Service-Criminal Investigation on December 9, 2025 [DE 94);

AND WHEREAS, the United States filed a Notification of Publication and

Third-Party Notice [DE 111) documenting for the record that the government, in

accordance with 21 U.S.C. § 853(n)(l), Fed. R. Crim. P . 32.2(b)(6), and Rule G(4) of

the Supplemental Rules for Admiralty of Maritime Claims and Asset Forfeiture

Actions, has: (1) published notice of the Preliminary Orders of Forfeiture and,

specifically, the forfeiture of the Subject Real Property, on an official government

Case 5:22-cr-00257-D Document 113 Filed 08/05/26 Page 2 of 7
internet website (www.forfeiture.gov) for at least thirty (30) consecutive days,

beginning on December 5, 2025; and (2) sent direct written notice of the Preliminary

Orders of Forfeiture to all persons who reasonably appeared to be a potential

claimant with standing to contest the forfeiture of the Subject Real Property in a

forfeiture ancillary proceeding, to wit:

a) Flagstar Bank, FSB;
b) Mortgage Electronic Registration Systems, Inc. (MERS).
c) Hidalgo County Tax Assessor-Collector

AND WHEREAS, the following third-party filed a petition of interest pursuant

to 21 U.S.C. § 853(n) with respect to the Subject Real Property, to wit:

a) CrossCountry Mortgage, LLC [DE 106];

AND WHEREAS, the United States filed a Notice [DE 110] in which it

recognized the interest of Petitioner CrossCountry Mortgage, LLC and agreed to pay,

from and up to the Net Proceeds of the sale, certain claims of the Petitioner, the terms

and conditions of which are incorporated herein by reference;

AND WHEREAS, the Hidalgo County Tax Assessor-Collector did not file a

petition of interest in the Subject Real Property, but the United States, as a matter

of policy, will pay at closing the pro rata state or local real property taxes owing

through the date of entry of the Final Order of Forfeiture, subordinate to the costs

and expenses incurred by the United States for the seizure, maintenance, security,

forfeiture, marketing, sale and disposal of such property as provided by 28 U.S.C.

§ 524(c) and/or 31 U.S.C. § 9705, and all expenses incurred in the sale of the property,

which may include commissions, transfer taxes, recording fees, title msurance,

Case 5:22-cr-00257-D Document 113 Filed 08/05/26 Page 3 of 7
surveys, utilities and similar expenses of closing, even though no claim has been

received or filed;

AND WHEREAS, the Government has consulted with counsel for all

Petitioner(s) and other interested parties, who consent to the entry of this Final Order

of Forfeiture;

AND WHEREAS, it appears from the record that no claims, contested or

otherwise, have been filed as to the Subject Real Property within the time prescribed

by law, other than those specifically mentioned herein.

NOW, THEREFORE, based upon the foregoing findings and the entire record

in this case, it is hereby ORDERED, ADJUDGED, AND DECREED:

1. Pursuant to Fed. R. Crim. P. 32.2(c)(2) and 21 U.S.C. § 853(n)(7), that

portion of the Preliminary Orders of Forfeiture entered on December 3, 2025 [DEs

88, 89] ordering the forfeiture of the Subject Real Property is now final, subject to the

following terms, conditions and/or amendments.

2. Pursuant to 21 U.S.C. § 853(c) and/or 18 U.S.C. § 981(£), and except as

expressly provided herein, all right, title and interest in the Subject Real Property is

hereby forfeited to the United States pursuant to 18 U.S.C. § 982(a)(l) and shall be

deemed to have vested in the United States as of the date of the commission of the

offense committed by the defendants rendering the property subject to forfeiture.

3. The United States is directed to dispose of the Subject Real Property

according to law.

Case 5:22-cr-00257-D Document 113 Filed 08/05/26 Page 4 of 7
4. Any and all potential claims and/or liens of record with respect to the

Subject Real Property, regarding which the holder had actual or constructive notice

of forfeiture but which are not specifically recognized herein, are hereby extinguished.

This includes, without limitation, the following known potential claimants who were

sent direct notice but did not file a timely petition of interest:

a. Flagstar Bank, FSB;

b. Mortgage Electronic Registration Systems (MERS)

5. Except as expressly recognized herein, the forfeiture of the Subject Real

Property is free and clear of all interests except those specially recognized herein, and

no other person or entity shall have any right, title or interest in the Subject Real

Property. In accordance with 21 U.S.C. § 853(n)(7), the United States, having clear

title to the Subject Real Property, may warrant good title to any purchaser or

transferee, subject only to the interests specifically recognized in this Order.

6. Upon the transfer or closing of any sale of the Subject Real Property, the

United States shall pay from and up to the Net Proceeds of the sale, as that term is

defined below in Paragraph 7, the amounts therein provided. In the event the Net

Proceeds are insufficient to pay an amount due to any or all Petitioner(s), then the

United States shall pay each Petitioner, in the order of priority set forth below, the

available Net Proceeds in full satisfaction of that Petitioner's claim against the

Subject Real Property; or the United States may choose to discontinue the forfeiture

and release the Subject Real Property, and such discretionary termination of the

forfeiture shall not be a basis for any award of fees under 28 U.S.C. § 2465. In no

Case 5:22-cr-00257-D Document 113 Filed 08/05/26 Page 5 of 7
event will the United States pay any Petitioner an amount in excess of the Net

Proceeds of the sale.

7. Net Proceeds are defined as, and shall be determined by, deducting from

the gross proceeds of sale the following claims, charges and expenses to be paid upon

the closing of the sale of the Subject Property, in the following order of priority, and

to the extent that sufficient Net Proceeds are available to pay these amounts:

a. First, all costs and expenses incurred by the United States for the

seizure, maintenance, security, forfeiture , marketing, sale and

disposal the Property as authorized by 28 U.S.C. § 524(c) and/or 31

U.S.C. § 9705;

b. Second, all expenses incurred in the sale of the property, which may

include commissions, transfer taxes, recording fees , title insurance,

surveys, utilities and similar expenses of closing;

c. Third, any and all real property taxes and/or assessments due and

owing on the Subject Real Property up to the date of entry of a Final

Order of Forfeiture or the closing of the sale, whichever is earlier,

plus any applicable statutory interest due as of the date of closing of

the sale, as a priority lien under applicable State law;

d. Fourth, any amount necessary to redeem the Property from a tax

sale;

Case 5:22-cr-00257-D Document 113 Filed 08/05/26 Page 6 of 7
e. Fifth, any amount due to Petitioner CrossCountry Mortgage, LLC

pursuant to the Notice filed at Docket Entry #110, the terms and

conditions of which are incorporated herein by reference;

f. Finally, any remaining balance shall be forfeited to the United States

and disposed of according to law.

8. The Clerk of Court is hereby directed to send a certified copy of this Final

Order of Forfeiture to the United States Attorney's Office for recording in the land

records of the jurisdiction where the Subject Real Property is situated.

9. The Court shall retain jurisdiction to enforce this Order, and to amend

it as necessary, including but not limited to the addition of assets, pursuant to Fed.

R. Crim. P. 32.2(e).

SO ORDERED, this the~ day of August, 2026.

J E S C. DEVER III
UNITED STATES DISTRICT JUDGE

Case 5:22-cr-00257-D Document 113 Filed 08/05/26 Page 7 of 7

File and source

File: 113.pdf
Size: 276,359 bytes
SHA-256: 26710525b68f76aa898bb4554d24a66edce0800ca9c861b88692162dc8f3ceb1
Our copy: 113.pdf
Original: No public link identified.